Ohio Southeast Conference of The Evangelical United Brethern Church v. Kruger

243 N.E.2d 781, 17 Ohio Misc. 8
CourtFairfield County Court of Common Pleas
DecidedOctober 14, 1968
DocketNos. 35689 and 35765
StatusPublished
Cited by3 cases

This text of 243 N.E.2d 781 (Ohio Southeast Conference of The Evangelical United Brethern Church v. Kruger) is published on Counsel Stack Legal Research, covering Fairfield County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Southeast Conference of The Evangelical United Brethern Church v. Kruger, 243 N.E.2d 781, 17 Ohio Misc. 8 (Ohio Super. Ct. 1968).

Opinion

Cramer, J.

The above-entitled cases were consolidated for trial and, therefore, in this single opinion, we will dispose of the issues presented in each of the cases.

However, it is our view that a resolution of the issues raised in case No. 35765 is dependent upon and controlled by our decision in case No. 35689.

In case No. 37689, plaintiffs seek to:

Temporarily and permanently enjoin defendants from disposing of or interfering, conveying or encumbering church property described in the amended petition, both real and personal.

Temporarily and permanently enjoin the defendants, Roger L. Bishop and Roger Hale, from preaching or holding meetings in the Mills Memorial Evangelical United Brethren Church or interfering in any way with the duly assigned minister of the Ohio Southeast Conference of The Evangelical United Brethren Church to the Mills Memorial Church.

Require defendants to turn over to plaintiffs control of all church property real and personal and render a judicial account of their handling of such property and records.

[10]*10Permit the holding of only such meetings in the church as authorized by the Discipline of the Church.

Require Roger L. Bishop to vacate the church property-

Plaintiffs seek such other and further relief as is just and proper in the premises.

In case No. 35765, plaintiffs therein pray that the defendants be required to set up the nature and extent of their claims in the real estate described in the petition, or be forever barred; that the same may be adjudged null and void; that the title of plaintiffs to said premises be quieted, and for such other and further relief as is just and proper in the premises.

Counsel for the parties in these causes have furnished the court with very able and comprehensive briefs and the court has, we believe, carefully considered the arguments made and the authorities cited therein. The testimony has been transcribed and the court is in possession of the transcript, together with the exhibits, all of which likewise have been carefully reviewed and considered.

The facts, including a brief recital of the historical background of the church, are substantially and in brief, as follow:

The Evangelical United Brethren Church was created as a result of the consolidation of the Evangelical Church and the United Brethren Church in Christ. This merger occurred in 1946. Thus, it becomes necessary to examine the background of the United Brethren Church in Christ, the parent church of the local Mills Memorial Church, the full name of the local church being Mills Memorial Evangelical United Brethren Church of Lancaster, Ohio, hereinafter referred to as Mills E. U. B., Mills Memorial Church or Mills Church. The United Brethren Church originated in the states of Maryland and Pennsylvania. At the General Conference of 1885, the conference authorized a commission to propose amendments to the Constitution of the general church. This was done and approval of the general church was received; thus, at the General Conference of 1889 the bishops of the church revised the Constitution. [11]*11This act caused some dissident members of the General Conference to remove themselves from the hall and reconvene elsewhere. The dissidents retained the name, United Brethren Church in Christ. However, in order to distinguish the dissidents from the main body of the church, the words “Old Constitution” were added when referring to this group. Therefore, since 1889 there had been two distinct groups, each known as the United Brethern Church in Christ. This remained the situation until 1946, at which time the United Brethren Church in Christ merged with the Evangelical Church to form the Evangelical United Brethren Church in Christ (hereinafter referred to as EUB Church). At this time the dissidents dropped the designation “Old Constitution” and simply referred to themselves as the United Brethren Church in Christ. This is the denomination with which the majority of the membership of the Mills EUB Church affiliated at the special congregational meeting held March 17, 1968.

The Mills EUB Church “liberal” group was incorporated on March 8, 1900. The following is included in the Articles of Incorporation:

“Not for profit, but to provide a place of worship for its members to be conducted according to the rules and discipline of the United Brethren Church, to promote the interests of the Christian religion; to receive and hold donations, etc. * * *”

In accordance with the merger of 1946 the Mills Memorial Church changed its name to Mills Memorial Evangelical United Brethren Church in Christ of Lancaster, Ohio (January 6, 1960).

In August 1967, preliminary work was undertaken in order to consolidate the EUB and the Methodist Church into one denomination. Thereafter, on January 28, 1968, a majority of the Mills Memorial Church membership voted not to merge with the Methodist Church. On March 6, 1968, defendants Roger Bishop and Roger Hale, minister and assistant minister of Mills Church, respectively, were suspended by the Southeast Conference of the EUB Church. A week later the trustees of the Mills EUB [12]*12Church amended the Articles of Incorporation by changing the name of the church to the Mills Memorial United Brethren Church in Christ of Lancaster, Ohio. Shortly thereafter, under the direction of Roger Bishop, a majority of the membership cast their lot with the United Brethren Church in Christ, heretofore referred to as the “Old Constitution” group.

At the conference held in Dallas, Texas, on April 23, 1968, the EUB Church and the Methodist Church merged to form the United Methodist Church.

The Mills Memorial Church was under the supervision of the Ohio Southeast Conference. The defendant, Roger Bishop, was first assigned as the pastor by the Southeast Conference to the Mills Church in 1961. He was reassigned by the Conference in 1967. The Mills Church sent a lay delegate to the Annual Southeast Conference of the Ohio Southeast Conference of the EUB Church.

Roger Bishop was suspended by the action of the Cabinet of the Conference for gross disobedience to the Order and Discipline of the EUB Church.

The Mills EUB Church submitted to and was governed by the Discipline of the EUB Church as the ecclesiastical law of the. General Church and the governing law of the local church.

The Mills EUB owned certain parcels of real estate specifically described in deeds here in evidence. The property used as a place of residence of the preachers of the Mills EUB Church was conveyed to the trustees of Mills EUB Church by deed containing the following language:

“That said premises shall be kept and maintained as a place of residence for the use and occupancy of the preachers of the Mills Memorial Congregation of the Church of the United Brethren at Lancaster, Ohio * * who may from time to time be appointed to said place, subject to the usage and discipline of said church as from time to time established, made and declared by the lawful authority of said Church of the United Brethren in Christ, etc.”

All the real estate owned by the Mills Church, either in the name of the Board of Trustees or in the name of the [13]*13corporation, was acquired after the date of the incorporation of the church which occurred on March 27, 1900.

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Bluebook (online)
243 N.E.2d 781, 17 Ohio Misc. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-southeast-conference-of-the-evangelical-united-brethern-church-v-ohctcomplfairfi-1968.